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(A) Disclaimer of liability. The city shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition or dismantling of a grantee’s cable system, except in circumstances where the injury or damage was caused by the negligence and/or willful misconduct of the city, or the negligence and/or willful misconduct of the city in conjunction with another person.
(B) Indemnification. The grantee shall, at its sole cost and expense, indemnify and hold harmless the city, all associated, affiliated, allied and subsidiary entities of the city, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as “indemnities”), from and against: Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnities by reason of any act or omission of the grantee, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, tradename, copyright, patent, service mark or any other right of any person, which may arise out of grantee’s construction, installation, operation, maintenance or condition of its cable system, its subcontractors or agents, or the grantee’s failure to comply with any federal, state or local statute, ordinance or regulation.
(C) Assumption of risk. The grantee undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or about any city owned or controlled property, including streets.
(D) Defense of indemnities. In the event any action or proceeding shall be brought against the indemnities by reason of any matter for which the indemnities are indemnified hereunder, the grantee shall not admit liability in any such matter on behalf of the indemnities without the written consent of the city. The city must afford grantee the opportunity to participate in and fully control any compromise, settlement, resolution or disposition of any claim or proceeding for which the grantee is providing indemnification. The city will also fully cooperate in the defense of any such claim and make available to grantee all such information under its control relating thereto.
(E) Notice of cooperation and expenses. The city shall give the grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. No recovery by the city of any sum under the letter of credit or security fund shall be a limitation upon the liability of the grantee to the city under the terms of this section, except that any sum so received by the city from the letter of credit or security fund shall be deducted from any recovery which the city might have against the grantee under the terms of this section.
(F) Nonwaiver of statutory limits. Nothing in this chapter is intended to express or imply a waiver of the statutory provisions, of any kind or nature, as set forth in Texas Statues, including the limits of liability of the city as exists presently or may be increased from time to time by the legislature.
(Ord. 1846, passed 12-7-98)